Bonellie & Ors, R v

For the 30-year starting point under Criminal Justice Act 2003, Schedule 21, sadistic conduct requires a significantly greater degree of awareness of pleasure in inflicting pain, suffering or humiliation than is shown by the ordinary gratification, bullying or showing-off that may accompany violence.

Even exceptionally grave gratuitous gang violence against a vulnerable victim does not meet that description unless the requisite heightened sadistic element is established. Where it is not, the 15-year rather than 30-year starting point applies to an adult offender, subject to adjustment for aggravating and mitigating features.

Three appellants were charged with the murder of a vulnerable 23-year-old man. Two pleaded guilty on the day fixed for trial and the third was convicted after trial at Newcastle Crown Court.

The sentencing judge imposed life sentences or detention at Her Majesty’s pleasure. He selected a 30-year starting point for the adult appellant under Schedule 21 to the Criminal Justice Act 2003, treating the murder as particularly high in seriousness because it involved sadistic conduct and an extremely vulnerable victim.

All three appellants appealed their minimum terms. The central issue was whether the facts established sadistic conduct within paragraph 5(2)(e) of Schedule 21 and therefore justified the 30-year starting point.

1. The appeals were allowed to the extent of reducing the minimum terms. The court quashed the terms imposed below and substituted 19 years for Hughes, 15 years for Bonellie and 13 years for Miller. Time spent on remand was to be set off against the substituted terms.

2. The judge had wrongly selected the 30-year starting point for Hughes under Schedule 21 to the Criminal Justice Act 2003. Although the killing involved prolonged, gratuitous and degrading gang violence against a vulnerable victim, it did not amount to sadistic conduct for paragraph 5(2)(e).

3. Sadistic conduct requires a significantly greater degree of awareness of pleasure in inflicting pain, suffering or humiliation. The fact that an assailant may derive pleasure from violence, bullying a vulnerable person, or showing off to companions is insufficient. The conduct was therefore a very serious instance of gratuitous gang violence, but not one falling within the statutory sadistic-conduct category.

4. The correct starting point for Hughes was consequently 15 years. The court then balanced the aggravating and mitigating features. It gave effect to the absence of intent to kill and premeditation, the differing involvement and ages of the offenders, and the guilty pleas of Hughes and Miller.

• Court of Appeal (Criminal Division) Allowed the sentence appeals to the extent of quashing and replacing the minimum terms.

• Newcastle Crown Court Hughes and Miller pleaded guilty to murder on 7 January 2008. Bonellie was convicted of murder on 22 January 2008. On 29 February 2008, the judge imposed life sentences or detention at Her Majesty’s pleasure and specified minimum terms.